Agenda 10/09/2018 Item #16A 110/09/2018
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of the potable water and sewer facilities for RaceTrac
at Davis Boulevard, PL20160002277, accept unconditional conveyance of a portion of the potable
water and sewer facilities, and to authorize the County Manager, or his designee, to release the
Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $18,093.40
to the Project Engineer or the Developer’s designated agent.
OBJECTIVE: To have the Board of County Commissioners, as Ex-Officio Governing Board of the
Collier County Water-Sewer District, approve final acceptance of the potable water and sewer facilities,
accept unconditional conveyance of a portion of the potable water and sewer facilities, and to releas e the
Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $18,093.40, in
accordance with the Collier County Utility Standards and Procedures, Ordinance No. 2004-31.
CONSIDERATIONS:
1) The Developer of RaceTrac at Davis Boulevard has constructed the potable water and sewer
facilities within dedicated easements to serve this private development (see attached location map).
A portion of the potable water and sewer facilities will be conveyed to the County, as described in
Official Records (O.R.) Book 5344, Page (PG) 2392. The remaining potable water and sewer
facilities will be private.
2) Preliminary acceptance of these utility facilities was approved by the Development Review staff on
November 30, 2016. At that time, the value of these potable water and sewer utility facilities
(assets) was $32,198 and $5,983, respectively. (See attached asset sheet).
3) Staff recorded all preliminary acceptance documents associated with the potable water and sewer
facilities conveyed to the County in the public records of Collier County, which were reviewed and
approved by the County Attorney’s office as to form and legality. The County acquired its interest
in a portion of the potable water and sewer facilities by Utilities Facilities Warranty Deed and Bill of
Sale recorded in Official Records Book 5344, at page 2392 of the Public Records of Collier County,
Florida.
4) The potable water and sewer utility facilities have been operated and maintained during the required
one (1) year warranty period, following preliminary acceptance.
5) A final inspection to discover defects in materials and workmanship has been conducted by staff on
August 22, 2018, in coordination with Public Utilities, and these facilities have been found to be
satisfactory and acceptable.
6) The on-site potable water and sewer utilities, less the potable water and sewer utilities described in
O.R. Book 5344, PG 2392, are owned and maintained by the developer.
7) Staff recommends final acceptance of the subject utility facilities and to release the Utility
Performance Security (UPS) and Final Obligation Bond in the total amount of $18,093.40. (See
attached Exhibit A).
8) This final acceptance is in accordance with Collier County, Ordinance No. 2004-31, as amended.
9) Staff is unaware of any issues that would serve to negate the recommendation to release the
16.A.1
Packet Pg. 168
10/09/2018
applicable security.
FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact.
However, approval of this Executive Summary will result in the Collier County Water -Sewer District
receiving unconditional title to a portion of the potable water and sewer utility facilities, which at the time
of preliminary acceptance, had a total gross value of $38,181 (no depreciation applied).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval -SAS
RECOMMENDATION: To approve final acceptance of the potable water and sewer facilities for
RaceTrac at Davis Boulevard, PL20160002277, accept unconditional conveyance of a portion of the
potable water and sewer facilities, and to authorize the County Manager, or his designee, to release the
Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $18,093.40 to the
Project Engineer or the Developer’s designated agent.
Prepared by: Lucia S. Martin, Technician, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Exhibit A (PDF)
3. Assets Sheet (PDF)
16.A.1
Packet Pg. 169
10/09/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.1
Doc ID: 6512
Item Summary: Recommendation to approve final acceptance of the potable water and sewer
facilities for RaceTrac at Davis Boulevard, PL20160002277, accept unconditional conveyance of a
portion of the potable water and sewer facilities, and to authorize the County Manager, or his designee, to
release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of
$18,093.40 to the Project Engineer or the Developer’s designated agent.
Meeting Date: 10/09/2018
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
08/23/2018 12:20 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
08/23/2018 12:20 PM
Approved By:
Review:
Water Steve Messner Additional Reviewer Completed 08/23/2018 12:30 PM
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 08/23/2018 12:59 PM
Wastewater Steve Nagy Additional Reviewer Completed 08/23/2018 1:06 PM
Water Pamela Libby Additional Reviewer Completed 08/23/2018 1:29 PM
Wastewater Beth Johnssen Additional Reviewer Completed 08/24/2018 3:45 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/28/2018 7:58 AM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 08/28/2018 8:48 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 08/28/2018 9:41 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 09/06/2018 11:26 AM
Growth Management Department James C French Deputy Department Head Review Completed 09/06/2018 10:10 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 09/07/2018 3:31 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 09/10/2018 9:31 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/11/2018 3:11 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/20/2018 1:29 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 09/24/2018 12:58 PM
16.A.1
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10/09/2018
County Manager's Office Heather Yilmaz Level 4 County Manager Review Completed 10/01/2018 8:35 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/09/2018 9:00 AM
16.A.1
Packet Pg. 171
RACETRAC AT DAVIS BOULEVARD
LOCATION MAP
16.A.1.a
Packet Pg. 172 Attachment: Location Map (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
Exhibit A
Utilities Performance Security (UPS) and Final Obligation Bond
Amount Receipt Number
10% UPS Bond $14,093.40 106502025
Final Obligation Bond $4,000.00 2016361795
Total Amount $18,093.40
The 10% UPS Bond, if applicable, is based on the total amount of the water and/or sewer
utilities being installed for the whole project which includes material and labor. The
contributory assets reflect the cost of materials, not labor and are based on the assets of
which the county will be owning and maintaining.
Final Obligation Bond, if applicable, in accordance with Utility Ordinance 2004-31
Attachments:
1. Verification of Final Cost
2. Receipt of Payment
16.A.1.b
Packet Pg. 173 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
PROJECT NAME:
LOCATION:
NAME & ADDRESS OF OWNER
TYPE OF UTILITY SYSTEIVI:
VERIFICATION OF FINAL COST
RaceTrac Store #2425
Section 3, Townshlp 50 South, Rang€ 26 East, Collier
County, Florida
RaceTrac Petroleum, lnc.
3225 Cumberland Boulevard, Suite 100
Atlanta, Georgla 30339
POTABLE WATER (Material and Services)
ITEM SIZE QUAN. UNIT COST TOTAL
Hot Tap
8" HDPE w/14" Casing
Dr-18 Water Main MFittings
Dr-14 Water Main MFittings
Dr-18 Water Main W/Fittings
Gate Valve
Gate Valve
Air Release Assembly
Fire Hydrant Assembly
Auto Flush Assembly
Water Service
Water Service
lrrigation Service (Tap & B/F Only)
DDCV (Fire)
FDC (Fire)
PIV (Fire)
Dr-14 Fire Main WFittings
Building Riser
STATE OF
COUNry OF
1
140
53
40
2
I
1
1
I
339
286
EA
LF
LF
LF
LF
EA
EA
EA
EA
EA
LF
LF
EA
EA
EA
EA
LF
2"
314"
1-112"
4"
4"
4"
'16" x 8"$8,213.00
$1 50.00
$87.00
$66.00
$22.00
$1,654.00
$975.00
$2,1 15.00
$3,647.00
$2,876.00
$17.98
$8.93
$2,319.00
$6,898.00
$1,115.00
$1,945.00
$26.74
$1,080.00
8
8
8
o
B
4
349
IEA
TOTAL COST
I do hereby certify that the quantities of material and services described above are a true and
accurate representation of the as-installed cost of the system.
CE
eS ident
OF:Caloosa Site Development, lnc.
10880 Metro Parkway, Suite J
Fort Myers, Florida 33966
N
Florida
Lee
$8,213.00
$21,000.00
$4,611.00
$2,640.00
$1 ,210.00
$3,308.00
s975.00
$2,115.00
$3,647.00
$2,876.00
s6,095.22
$2,553.98
$2,319.00
$6,898.00
$1,115.00
$1,945.00
$9,332.26
$1,080.00
$81,933.46
16.A.1.b
Packet Pg. 174 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
The foregoing instrument was signed
,\.,,,r0,,'ur'.\,er?,,:l.--' who
and acknowledged before me this 12th day of September, 2016 by
is personally known to me r.-,, OR who produced identification _
Seal
DENINE J. HOtL€Y
otary Public - State ot Ftortda
My Comm. Expires Scp I1. 2010
Commissloo # FF 159248
Eondldlh.ough Nalionel lloti v rl.sn
Type of ldentification Produced
Notary Public
f,).*..,.,11 L[^,[t.,
,/'
16.A.1.b
Packet Pg. 175 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
CERTIFICATION OF CONTRIBUTORY ASSETS. COUNTY
PROJECT NAME: RaceTrac Store #2425
LOCATION: Section 3, Townshlp SO South, Range 26 East
Colller County, Florlda
NAME & ADDRESS OF OWNER,RaceTrac Petroloum, lnc.
3225 Cumberland Boulevard, Suite 100
Atlanta, Georgla 30339
TYPE OF UTILITY SYSTEM:SANITARY SEWER (MATERIALS ONLY)
ITEM SIZE QUAN. UNIT COST TOTAL
Hot Tap
Dr-14 Force Main #Finings
Check Valve wny'ault
CERTIFYIN
OF
ent
Caloosa Slte Development, Inc.
10880 Metro Parkway, Sulte J
Fort Myers, Florida 33966
Florida
Lee
14' x 4"
4'
4"
1
'14
1
EA
LF
$4,770.00
s98.00
$1,115.00
oe
STATE OF
COUNTY OF
The foregoing instrument was signed and acknowled ged before me this 1 1th d ay of August, 2016 by.J ce, 13,who is personally known to me .z OR who produced identification
Type of ldentification produced
0ENrlr€ J. H0tLtY
olal, Publlc - Sl.l! ol tlo.ida
tty Comm. trpkls S!, t t. ?0t6
Commitsion , ft 1592,18
N otary Public Seal:.'l**k'z
i,Ws
BqxH tuor,$ Nrinil tloury l(.i'
$4,770.00
$7.00
$1,1 15.00
TOTAL COST $s.e83.oo
I do hereby certify thst tho quantities of material described above are a true end aca:rate representjation of the
system b6ing contributed to Collier County Utilities.
16.A.1.b
Packet Pg. 176 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
I'orm 2 - Rev. 2014 (Utilities Performance Bond)Bond No. 106502025
RaceTrac Petroleum, Inc., a Georgia corporation
3225 Cumberland Blvd., Ste. 100
Adanta, Georgia 30339
(hereinafter referred to as "Owner", and
Travelers Casualty and Surety Company of America
One Tower Square
Hartford, Connecticut 06183
(hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida,
(hereinafter called "County"), in the total aggregate penal sum of Fourteen Thousand. Ninerl
Ihree dollars and Forty cents. ($1.1.093.40) in lawful money of the United States, for the
pa1'rnent of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents. Owner
and Surety are used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner entered into a
certain Utilities System Construction Contract, dated .20112 .
a copy ofwhich is hereto attached and made a part hereof; and
WHEREAS the County has a material interest in the performance of said Contract; and
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and
duties to the county under said Land Development Regulations and alt the undertakings,
covenants, terms, conditions, and agreements of said contract during the original term thereof,
and any extensions thereof which may be granted by the own€r, with or without notice to the
Surety and during the guaranty period established by the county, and thereafter, and if the
owner shall satisfy all claims and dernands incurred under such contract, and shall fully
indernnify and save harmless the county from all costs and damages which it may suffer by
UTILITIES PERFOR-II{ANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: thar
WHEREAS the County has adopted Ordinances and Resolutions (hereinafter ,'Land
Development Regulations") concerning the Owner's obligations to the County regarding the
construction, conveyance and warranty of potable water, non-potable irrigation water and./or
waslewater systern(s) or portion(s) thereof constructed within the unincorporated area of
Collier County;
16.A.1.b
Packet Pg. 177 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
reason of failure to do so, and shall reimburse and repay the County all outlay and expense
which the County may incur in making good any default, then this obligation shall be void,
otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the contract or to work
to be perlormed thereunder, or the specifications accompanying same shall in any way affect
its obligation on this Bond, and does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the contract or to th€ work or to the specifications.
PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deerned amended
automatically and immediately, without formal and separate amendments hereto, upon
amendment to the Contract not increasing the contract price more than twenty percent (20yo),
so as to bind the Owner and the Surety to the full and faithful performance of the contract as so
amended. The term "Arnendment", wherever used in this bond, and whether referring to this
bond, the Contract or other documents shall include any alteration, addition or modification of
any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caus€d this Instrument to be executed this
26 day of September ,20 16
RaceTrac Petroleum, Inc.,Signed, sealed and delivered in the
ce ol a on
\I By
t Name q(9 ame: Brian Thornton
Its: Vice President ofReal Estate and
Engineering
Print Name:
of the company.
TNOTAR\E
J--
lltl I I
c
(,:
STATE OF GEORGIA
COUNTY OF COBB
The foregoing instrum€nr was acknowledged before me ttis 3 aay ot Alobd-2016, by Brian Thomton,
as Vice President of Real Estate and Engineering of RaceT:ac P-etrot"u.]T{I-G"o.gia corporation, and on
behalfofthe company, said individual is personally known to me and who executed the same fir and on behalf
(;flD^-_
Printed Name
Notary Public, State of _Georgia
ty.
I lt Dt\o
irt '
in
lltr I
My Commission Expires:_
74=-=-'
16.A.1.b
Packet Pg. 178 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
Travelers Casualty and Surety Company of America
By'
Robin L. Amstutz, A -Fact
STATE OF Illinois
COI-INTY OF Cook
The foregoing instrument was acknowledged before me this 26 day of September , 2016, by Robin L.
Amstutz, as Attorney-in-Fact of Travelers Casualty and Surety Company of America, and on behalf of the
company, said individual is personally known to me and who executed the same for and on behalf of the
company.
Printed Name: Timothv Bowen
Notary Public, State of _lllinois
My Commission Expires: March 12. 2017
lN
Prepared by: Adam Balthrop
RaceTrac Petroleum, Inc.
3225 Cumberland Blvd., Ste. 100
Adanta, GA 30339
omclAl sEAr.
NMOIHY BOWEN
NOTAFY PUBUC, STAIE OF II$OIS
ifr @massl(,N ExPtREs runclt ie 2fi7
t2i20t4
16.A.1.b
Packet Pg. 179 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
WARNING:THIS POWER OF ATTOBNEY lS INVALIO WITHOUT THE RED BORDER
-,TRAYELERSJ
POWER O}' ATTORNI]Y
Farminglon Casualty Company
Fidelity and Guarantl Insurance Company
Fidelity and Guaranty lnsuran(c Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul (;urrdian Insurance Company
Sl. Paul Mercury Insurance Company
Trrvelers C{sualty and Surett Company
Travelers Caiualty and Suruty Company ofAmerica
United Ststes Fidelity and (;uaranty Company
Attomey-In Fact No. 230.120 Certificale No.0066 37423
KNOW ALL MEN BY TIILSE PRESENIS: That Farmington Casualty Company, Sl. Paul Fire and Marine Insuranc€ Company. St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America. and United Shtes
Fidelity and Guaranty Company :re corporations duly or8anized under the laws of the State of Connecticut, that Fidelity and Guaranty lnsurance Company is a
corporation duly organized under the laws of the State of Iowa, and thal Fidelity and Guaranty Insurance Underwriters. Inc., is a corporation duly organized under the
lawsoftheStateofWisconsin(hereincolleclivelycalledthe'Companies').andthartheCompaniesdoherebymale,constituteandappoint
Rohin L. Amstulr. Nancy J. Aque, Linda C. Prall. and Tom Zacharopouk)s
of thc Cir) of Chicaso Srate of Illinois . their true and lauful Attomey(s)-in-Fact,
each in their separate capacily if mor€ than one is named above, to sign. execute, seal and acknowledge any and all bonds, recoglizances, conditional undenakings and
other writings obligarory in the nature thereof on behalf of the Companies in their business of guaranleeing lhe fidelity of persons. guaranteeing the performance of
contracts and execurinS or guaranreeing bonds and undenakings required or permined in any ac(ions or Foceedings allowed by law.
lrd
IN 1\'IT\ESS l\IIURUOI'. th. (innpanies have caused this instrurne to b€ signed and t}rch corporat€ seals to be hereto affixed, this
20t6da] of Februan
farmington Casualty Compent
Fidelitl and Guarantl Insurance CompaDy
Fid€lity and Gu|ranty Insurancc Underwriters, Inc
St. Paul Fire and Marine Insurance Company
St. Paul (;uardian Insurance Company
St. Paul Mercury Insumnce Company
Travelers Casualty snd Surety Compan,
Travelers Casualty snd Sur€ty Company ofAmerica
United Ststes Fidelity and Gusranty Company
State of Connccticut
City of Hartford ss.
By
onlhisthc 3rd day of February 2016.b"fo....personattyappearedRoberrL.Raney,whoacknowledBedhimselfro
be lhe Senior vice President of Farmington Casualty Company. Fidel ity and Guaranty Insurance Company. Fidelity and Cuaranty lnsurance Underwriters , Inc., St . paul
Fire and Marine Insurance Company, sl. Paul Guatdian Insurance Company. Sr. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casualty and surely Company of America. and United slales Fidelity and cuaranty Company. and thar he. as such. being authorized so ro do. execurcd the foregoing
instrumenl for the puQoses lherein contained by signing on behatf oflhe coryorations by himselfas a duly aulhorized officer.
In Witness Whereof, I hereunlo set my hand and ofEcial seal
My Commission expires the l0th day ofJune.20t6.
c
N{arie C Terreault. -\-otan Pub1i.
l95r ES L
54440-a-12 Prinled in U.S.A.
WARNING:THIS POWEB oF ATTOFN EY IS INVALID WITHOUT THE RED BORDER
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16.A.1.b
Packet Pg. 180 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
WARNING:THIS POWER OF ATTORN YI INVALID WITH THE RED EOADEB
This Power of Attomey is granted under and by the authority of the following resolurions adopted by the Bo,Ids of Directors of Farmingron Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty lnsurance Urderwritcrs. lnc.. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company. St. Paul Mercury Insurance Company. Travelers Casualty and Surery Company. Travelers Casualry and Surery Compaly of America, and U ted Slar€s
Fidelity and Guaranty Company, which resolutions are now in full force and effect. reading as fotlows:
RESOLVED, that the Chairman, the President. any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President. any Second Vice
President, the Treasurer, any Assistanl Treasurer, the Corporate Secretary or any Assistant Secrcrary may appoint Attomeys-in-Fact and Agents to act for and on behalf
of the Company and may give such appoinlee such authority as his or her cenificate of authority may prcscrib€ ro sign with the Company's name and seal wirh the
ComPany's seal bonds. recognizances. contracls of indemnily, and other writings obligatory in rhe nature of a bond, rccoSnizance, or conditional undenaking, and any
of said officers or the Board ofDirectors at any time may remov€ any such appointee and revoke the power given him or her; and it is
FURTIIER RESOLVED, that the Chairman. the Presidenl. any Vice Chairman. any Executive Vice Presidenl, any Senior Vice Prcsident or any Vice Prcsidenr may
delegate all or any part of the for€going authority to one or more olficers or employees of this Company, provided thar each such delegation is in writing and a copy
ther€of is filed in the office of the Secrctary; and it is
IIJRTHER RESOLVED. that any bond. recognizance, conlmct of indemnity. or writing obligalory in the nature of a bond. recognizance. or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the Presidenr. any Vice Chairman. any Exccutive Vicc President, any Senior Vic€ Prcsident or any Vice
President. any Second Vice Presidenl. thc Treasurer. any Assistant Trcasurer. thc Corpomte Secretary or any Assistanl Secretary and duly anested and s€al€d with lhe
Company's seal by a Secrelary orAssistanl Secretaryt or (b) duly executed (under seal, ifrequired) by one or more Attomeys-in,Fac! and Agenrs pursuant to rhe power
prcscribed in his or her certificate or their cedficates of authority or by one or morc Company officers pursuant to a writlen delegation of authority; and it is
rURTHER RFSOLVED, lhat lhe signature ofeach of the following officers: President. any Executive Vice President, any Senior Vice President, any Vice Presidenr,
any Assislant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any
certificate rclating lhereto appointing Resident Vice Prcsidents, Resident Assistant Secrelaries ff Attomcys-in-Fact for purpos€s only of executing and attestitg bonds
and undenakings and other *ritings obligatory in lhe nature thereof. and any such Power of Altomey or certificate tearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certfied by such facsimile signanrre and facsimile seal shall be valid and binding on
the Company in the future with r€spect lo any bond or understanding ro which il is attached.
I, Kevin E. Hughes, the uDdersigned, Assistant Secrelary. of Farmington Casualty Company. Fidelity and Guaranty lnsurance Compan]. Fidelity and Guaranty lnsurance
Underwrilers. lnc., St. Paul Fte and Marine lnsurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travele6 Casualty and
Surety Company, Travelers Casualty and Surety Company ofAmerica, and Unit€d StaEs Fidelity and Guaranty Company do hereby certify that $e above and foregoing
is a true and corect copy of the Power of Attomey executed by said Companie€, which is in full force ard effecl and has not been revoked.
IN TESTIMONY WHEREOF, I hale hereunlo set my hand and affixed the scals of said Companies rfrls 2G day of mber r16
d,-"{
Kevin E. Hullhes. Assistant
To verify the authenticity of this Power of Anomey, call l-8m-421-3880 or contact us al www.travelerstrond.com. Please refer to the Anomey In'Fact number. the
above-named individuals and the details of the bond to which lhe power is attached.
195.'
WARNING:THIS POWER O F ATTORNE Y IS INVALID WITHOUTTHE RED BORDER
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16.A.1.b
Packet Pg. 181 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
LulrP SuN, CoNsrRUCTtoN CoNTRACT
(coNrRACr PRtcE $2,797,733.00)
This LUMP SUM CONSTRUCTION AGREEMINT (the "Aereernent"), date<i fiis 6'r' day of April
2016 (he "tive Date"), is entered into by and between RACETRAC PETRoLEUM, Ittc., a Georgia
corporation with a principal place ofbusiness at 3225 Cumberland Boulevard, Suite 100, Atlanta, Georgia 30339
("RaceTrac") and ENVIRo srRUC'r, LLc a Florida corporation with a principal place ofbusiness at 26?11 Dublin
Woods Circle, Bonita Springs, FL 34135 ("Contractor"). RaceTrac and Contractor may be individually referred
to herein as a "!94y," and collectively, as the "Parties."
RECITALS
WHEREAS, Race'Irac is the owner of that certain real propeny located at 8485 Davis Blvd., Naples, FL
34104 (he "Prooertv"); and
WHEREAS. Contractor has submitted a bid and proposal (the "Bid") to RaceTrac to build a gasoline
station and convenience store upon the Property and is ready, willing and able lo enter into this Agreement as an
independent Contractor to perlorm the Work and construct the Project (as hereinafter respectively defined) in
accordance with the terms herein; and
WHEREAS, RaceTrac has accepted the Bid
NOW' THEREFORE, in consideration of the foregoing statements, which are made a part hereof and
incorporated herein, and the mutual covenants and agreements ofthe Parties contained in this Agreement, and
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
hereby agree as follows:
Section l. 'Ihe Work.
t.l.Scooe of the Work:Contractor will supply for the Contract Price (as hereinafter defined) all
work (the "Work"), including, but not limited to, all required licenses, permits, labor, materials, equipment,
hoisting, scaffolding, protection, transportation, scheduling, coordination, temporary power, supervision, sales
taxes, security and coordination necessary to construct and complete expeditiously, in a good and workrnanlike
manner, a convenience store and gas station upon the Property as depicted and described in the Contract
Documents (as hereinafter defined) or reasonably inferable therefrom (the "Proiect'). The Work comprises the
completed construction required by the Contract Documents as defined below.
ents Dellned The term "Contract Documents" as used herein refers to this
Agre€ment, all Change Orders (as hereinafter defined), Addenda, Amendments, Schedules A through J and all
documents identified in those Schedules, all ofwhich shall be considered part ofthis Agreement and are
incorporated by express reference:
Schedule A Schedule of Drawings and Spccifications
Schedule B Contractor's Checklist for Final Draw
Schedule C Construction Schedule
Schedule D Application and Certificate for Payment
Schedule F Certihcate of Contractor
Fonn Lien Waivers
Schedule G Tax Letter
Schedule H Pre-Bid Meeting Minutes
Schedule I Authorized Representatives
Schedule J 2010 Americans with Disabilities Act
Standards for Accessible Design.
|.2. Contract
|J)
Schedule F
16.A.1.b
Packet Pg. 182 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
The Contract Documents are binding on the Contractor and may be modified only by Change Order. The
Conlract Documents are intended to ponray a complete and operating facility and include all items necessary to
produce a complete and operating facility in accordance with best trade practices, as displayed on the Contract
Documents.
I .2.1 Order of Precedence: The Contract Documents are intended to be read together in their
entirety and complemenlary with one another, with an)4hing required by one required by all. In the evenl ofany
conflicts within the Contract Docurnents lhat cannot be reconciled by a reasonable interpretation, this document,
the Agreemenl itsell, shall take precedence, ln the event ofa conflict within any of the provisions ofthis
Agreement, the more stringent requirernent shall apply.
L3. lnvestisation by Contractor: Contractor has made a complete investigation ofthejobsite and its
environs, and has carefully reviewed the Contract Documenls, and all Schedules thereto including, without
limitation, the drawings and specifications referred to in Schedule A hereto, as well as the building codes, zoning
Iaws, and other ordinances, laws and regulations applicable lo the Work. Contractor hereby acknowledges that
RaceTrac is relying on Contracto/s expertise to properly inv€stigate such things. To the extent that RaceTrac
obtains infonnation (such as a geotechnical report or soil boring logs) about the soil or subsurface conditions,
RaceTrac agrees to provide this infonnation to the Contractor. This information is not, however, a warranty of
subsurface conditions, but rather is offered as an aid in bidding only and it is not a part of the Contract
Documents. RaceTrac assumes no responsibility for any variation between this information and the materials
encountered during consrruction.
1.3.1 Risk ofUnforeseen Subsurface Conditions: 'fhe Parties expressly agree and understand
that the costs required to complete the Work could vary significantly in the event subsurface conditions are
encountered which are materially diflerent than those anticipated. This Agreernent allocates the risk ofdiffering
site condition to the Contractor. Accordingly, notwithstanding any other provision in this Agreement or the
Contract Documents, it is expressly agreed and understood by the parties that Contractor assumes all financial
risks ofunforeseen, unanticipaled, or differing subsurface conditions with the sole exception ofrisks associated
with any information about subsurface conditions obtained by RaceTrac (such as a geotechnical repon or soil
boring logs), but not given to the Contractor. To the extent that RaceTrac obtains such information (i.e.,
geotechnical report or soil boring logs) about the soil or subsurface conditions, RaceTrac agrees to provide this
information to the Contractor. This information is not, however, a warranty ofsubsurface conditions, bul rather is
offered as an aid in bidding only and it is not a part ofthe Contact Documents. RaceTrac assumes no
responsibility for any variation belween this information and the materials encountered during construction. This
Agreement does not include a differing site conditions clause because the risk of increased costs due to differing
subsurface conditions is on the Contractor, not RaceTrac. By entering this Agreement, Contractor acknowledges
that it has taken this financial risk into account in its Contract Price. Should an unanticipated subsurface
condition, of any kind (except as excluded above) or magnitude, be encountered, such will not be the basis of an
increase in the Contract Price, but rnay be the basis for an increase in the amount of time to perform the work. To
the extent this Section conflicts with any other provision ofthe Contracl Documents, this Section shall take
precedence.
1.3. ValueEnsineerins:Contractor will review all drawings, specifications, and other Contract
Documents wi(h a view to improving quality or serviceability and reducing price and will propose to RaceTrac
appropriate revisions to the Contract Documents whenever appropriate. IfContractor requests or proposes any
rnodification or addition to the Work, that request or proposal shall be govemed by Section 2.2 ofthis Agreement
1.4. Materials Brousht to the Worksite: Material Safet y Data (MSD) sheets as required by law and
perlaining to materials or substances used or conserved in the Work, whether obtained by the Contractor,
Subcontractors, the Owner or others, shall be maintained at the Project by the Conlractor and made available to
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16.A.1.b
Packet Pg. 183 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
the Owner. The Contraclor shall be responsible for the proper delivery, handling, application, storage, removal
and disposal of all materials and substances brought to the Worksite by the Contractor in accordance u,ith the
Contract Documents and used or conserved in the perfonnance ofthe Work. To the extent caused by the
negligent acts or omissions of the Contractor, its agents, officers, directors, and employees, the Contractor shall
indernnify and hold hannless lhe Owner, its agents, officers, directors, and employees, frorn and against any and
all claims, damages, losses, costs, and expenses, including but not linlited to attorney's fees, costs, and expenses
incurred in connection with any disputed resolution process, arising out of or relaling to the delivery, handling,
application, storage, removal, or disposal ol all materials and substances brought to the Project in accordance with
the Contract Documents. The terms of this paragraph shall survive lhe completion ofthe Work or any termination
of this Agreement.
Scction 2. Chanses. InsDections an Correction of the Work.
2.1 . Chanses in the Work: RaceTrac may require Contractor to change the Work, and the Contract
Price will be increased or decreased to equitably compensale or reirnburse, as the case may be, Contractor or
RaceTrac for increases or decreases in the Work. Changes may only be made in writing, and the amount ofthe
increase or decrease will be agreed to in advance ofContractor taking any action or incurring any cost in
connection with such change.
2.2. Chanse Orders: lf RaceTrac requests an), modification or addition to the Work (a "Chanse"),
such request shall be evidenced by a written order (a "Change Order"). No Change Order shall be binding unless
and until signed by an authorized representative from the corporate office of RaceTrac (an "Authorized
Representative"). An exclusive list ofAuthorized Representatives is attached hereto as Schedule I, as Schedule I
may be amended from (ime to time in a signed writing delivered from RaceTrac to Contractor. IT lS
EXPRESSLY UNDERSTOOD AND AGREED THAT A RACETRAC PROJECT MANAGER DOES NOT
HAVE AUTHORITY TO ISSUE, EXECUTE, OR APPROVE A CI{ANGE ORDER. A Change Order shall
lhereafter be incorporated into and become a part of this Agreement and the Change Order shall be deemed to be
part ofthe Work. Ifa proposed Change will increase or decrease the cost ofthe Work or delay completion ofthe
Work, Contractor shall submit to RaceTrac a written proposal outlining the increase or decrease in cost and any
revision to the Construction Schedule for completion ofthe Work. RaceTrac, in its sole discretion, may accept or
reject any such proposal or require Contraclor to provide additional information regarding any such proposal. If
acceptable to and signed by an Authorized Representative ofRaceTrac, such proposal shall become part of the
Change Order. No increase in the cost of the Work or revision to the Construction Schedule shall be binding
unless the applicable proposal is signed by an Authorized Representative of RaceTrac prior to commencement of
the Change. RaceTrac reserves the dght at all times to perform or hire any other party to perform any addition or
modification to the Work and in such event such addition or modification shall not be covered by this Agreement.
No oral change orders or oral authorizations are permitted or shall be recognized under this Agreement.
2.3. Correction ofthe Work: If it is the opinion ofRaceTrac, in its sole discrelion, that all orany
portion ofthe Work has not been satisfactorily completed, RaceTrac may reject the defective Work or materials
and so notify Contractor, listing such unsatisfactory portions ofthe Work. Contractor shall, within twenty-four
(24) hours after receiving notice ofdefect, proceed to remove from the Property all materials rejected by
RaceTrac or RaceTrac's representative, whether worked or unworked, and to remove all portion ofthe Work that
shall by like notice be rejected as unsound or improper or in any rnanner failing to conform to RaceTrac's
specifications and shall make good all Work thereby rejected. Any defective Work and materials shall be
remedied or replaced at Contractor's sole expense. IfContraclor should fail to perform such repair or replacement
within seventy-two (72) hours following the notice informiog Contractor thal the Work or any portion thereof was
unsatisfactory, RaceTrac may in its sole discretion elect to perform or arrange to perform such Work and either
deduct the cost thereof fiom any amounts due or thereafter to become due to Contractor, or bill Contractor for the
cost ofsuch Work.
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16.A.1.b
Packet Pg. 184 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
2.4. Cuttin[ and Patchinq: Contractor will perfonn cutting and patching necessary tojoin the
Contractor's work with existing structures and with the work of other contractors so that the finished Work will
have a smooth, neat, and finished appearance.
2.5. Alternate Materials: RaceTrac will infonn Contractor of its selection of altemate materials in
writing, and the Contract Price will be adjusted accordingly.
2.6. Slbstitu(ions: Contractor will make no substitutions without the prior writlen approval of
RaceTrac. IfContractor proposes or (with RaceTrac's prior approval) installs any substitutions for Work called
for by the Contract Documents, Contractor guarantees these shall be equal in quality, function, and appearance to
the items called for by the Contract Doculnents, and that substitutions are as easily maintained and ofequal
durability to specified items.
2.1 Assiqnment: This Agreement shall not be assigned, delegated or transferred in whole or in part
by Contractor, nor shall Contractor assign any monies due or to become due to it, without the prior *,ritten
consent of RaceTrac.
3.1. Schedulinc ln conjunction with the presentation ofthe Bid to RaceTrac, Contractor prepared a
project schedule that shows, in graphic fonn, the Contractor's plan for limely completion ofthe Work (the
"Construction Schedule"), which Construction Schedule is attached to this Ag,reement as Schedule C. Contractor
will order Work, equipment, and materials, including the release ofequipment and materials from RaceTrac or
RaceTrac's vendors, with sufficient lead time to avoid intemrption of the Work and to meet the deadlines in the
Conslruction Schedule. Contractor, at its own expense, u'ill employ such overtime as may become necessary for
the timely completion ofthe Work according to the Construction Schedule.
3.2. Commencement of the Work: Contractor will not have any equipment or materials delivered to
the Property prior to Ihe date on which RaceTrac has given Contractor written notice to do so. Within three days
after written notice, Contractor will cornmence work on the Project, and will continue diligently thereafter, until
the completion of the Work.
3.3. Delays and Extensions ofTime Contractor has taken into account inclement weather that is
normally likely to occur, and the Constnrction Schedule will not be extended for normal inclement weather. For
extraordinary inclement weather, and for earthquake, flood, fire, hostile action, and other causes beyond the
control olContractor, RaceTrac will grant Contractor reasonable extensions of time provided Contractor applies
for such extensions of time in writing no later than ten days after any such occurrence. Extensions of time will
not be granted for delay to ponions of the Work unless the delay to such portions ofthe Work necessarily delays
the completion date ofthe entire Work. Contractor understands that in the event ofdelay, RaceTrac will suffer
damages.
3.3.1. No Damases for Delay: Contractor agrees to prosecute the Work and to require all
subcontractors to prosecute the Work in a timely and proper method and manner so as to meet the dates reflccted
on the Construction Schedule. [n the event that Contractor is delayed in the prosecution of the Work, then
Contractor may request a time extension. Under circumstances entitling Contractor to a time extension,
Contractor agrees that such time extension, if any, is its sole and exclusive remedy for any damages caused by
delays. Contractor further agrees that RaceTrac shall not be liable for any monetary damages or olher schedule
related damages including damages for acceleration, disruption or suspension of the Work regardless of the cause
of such damages. RaceTrac shall not be liable for home office overhead expense or consequential damages
should the Work be delayed, suspended, accelerated or disrupted for whatever reason.
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Section 3. Schedulinq. Commencement. and Comnletion of Work.
16.A.1.b
Packet Pg. 185 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
3.5. Application for Final Payment: Alter receipt ofthe Notice ofFinal Acceptance, Contractor shall
subrnit to RaceTrac its final Application for Payment (as that term is defined herein), which shall include a
request for payment of the unpaid ten percent ( l0%) retainage of all previously approved Applications for
Payment as provided in Section 6.1 hereof. Prior to final payment by RaceTrac, Contractor shall fumish
RaceTrac a certificate properly executed by its duly authorized officer in the fonn attached hcreto as Schedule E
(the 'Cenificate") and ail detlcient items lists shall be completed to thc satisfaction ofRaceTrac.
3.6 Final Patrnenf:Subject to the requirements of this Agreement, approximately thiny (30) days
after the receipt of the final Application for Paymenl, the Certificate, all items listed on Schedule B, the applicable
certificale(s) of occupancy related to the Work and the Project, and Contractor's tax letter in the form attached
hereto as Schedule G, RaceTrac shall pay to Contractor the balance of the Contract Price owed to Contractor
(such payment referred to herein as the "Final Payment").
3.7. Wananty of Title: Contractor warrants and guarantees that title to all Work, material and
equipment covered by an Application and Certificate for Payment will pass to RaceTrac upon the receipt of
payment by Contractor, free and clear ofall liens, claims, security interests and encumbrances.
3.8 General Warrantv and Correction of Work: In addition to any warranlies contained in the Contract
Documents and any manufacturer's warranties applicable to the materials and equipment fumished, Contractor
warrants to RaceTrac that all malerials and equipment furnished on the Project by Contractor, RaceTrac, or
otherwise, in the performance of the Work will be new unless otherwise specified, and that all Work will be of
good quality, free from faults and defects and in conformance with the Contract Documents. All Work not
conforming to these standards shall be considered defective. lf, within one (l) year after the date on which Final
Payment is made, any ofthe Work is found to be defective, Contractor shall correct it promptly to comply with
the requirements ofthe Contract Documents after receipt ofa written notice from RaceTrac to do so. Contractor
shall bear all costs ofcorrecting such defective Work. All defective or non-conforming Work shall be removed
from the Project by Contractor at Contractor's sole cost and expense. In the event Contractor fails lo correct the
defective Work, RaceTrac may correct it and hold Contractor liable for any and all costs, expenses and damages,
including attorneys'fees and litigation expenses incurred by RaceTrac.
3.9 Destruction of the Work: [n the event the Work is damaged or destroyed in whole or in part by
fire, earthquake, flood, or other peril, the tirne for completion of the Project will be appropriately extended, and
the Contractor shall rebuild at no expense to RaceTrac.
3.1 I S!1ry914 Contractor will ernploy a licensed surveyor to locate the boundaries ofthe Property, set
the benchmarks, and to prepare an as-built survey that will accurately Iocate the buildings and facilities called for
by the Contract Documents.
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3.4. Upon completion of the Work, Contractor shall notify RaceTrac in writiDg that the Work is
complete and ready for final inspection. Ifupon receipt ofsuch notice and inspection thereof, il is the opinion of
RaceTrac thal the Work has been satisfactorily cornpleted in accordance with this Agreement, RaceTrac shall give
Contractor a written Notice of RaceTrac's Final Acceptance ofthe Work (lhe "NoticeofFinal Acceptance"). The
dateofthe Notice ofFinal Acceptance shall be the date of"Substantial Comoletion" ofthe Work. Withoul
limiting any of the foregoing, Contractor specifically agrees that the issuance of a certificate ofoccupancy shall
not constitute substantial completion of the Work.
3.10 Inspection and Testins: Contractor will make all parts ofthe Work accessible for inspection and
testing. Any portion ofthe Work covered up before inspection and testing have taken place will be opened up and
replaced al Contractor's expense. Contractor will pay fees for inspection and lesting called for by the Contract
Documents and/or by RaceTrac.
16.A.1.b
Packet Pg. 186 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
3.12 Utilities: Until such tirne as a gas station ard convenience store is opened for business on the
Property by RaceTrac, Contraclor will provide, at its own expense, all power, water, gas, communication, and
other utilities, including temporary utilities, that are used or consumed in the prosecution of the W<.rrk
3. r3 l)isou tes as to the of the Work:If RaceTrac and Conlractor disagree as to the scope of the
Work required to be perfonned by Contractor for the Conlracl Price, Contractor will promptly and diligently
perform the Work as required by RaceTrac, and will not slow or stop the progress of the Work. Such disputes
will be resolved in accordance with Anicle l2 as set forth below.
Section 4. Pernrits and Compliance with Law.
Ll. Buildinu Pennits Contractor re?resenls and warrants that it will oblain building pennits as
outlined in the Bid, and that the Contracl Price includes all costs to be incuned thcrefor. It is expressly
understood, however, (hat RaceTrac will only reimburse Contractor for the actual cosl ofthe building pennit
4.2. Cornoliance With Codes and Laws Contractor represents that it is familiar with and will comply
with all applicable laws, ordinances, building codes and regulations, applicable to the Work, including, without
limitation, environmental laws and safety reguJations, the 2010 Americans with Disabilities Act Standards For
Accessible Design, and thal the Contract Price includes all costs to be incurred for such compliance.
4.3. Contractor's License: Contraclor represents and warrants that it, and its subcontractors, havelhe
authority to do business and are properly licensed in all jurisdictions applicable to the Property, and will rernain so
continuously during the progress ofthe Work.
4.4. Safetv: Contractor will implement a safety program for the protection ofall persons on the
ProPerty and in the environs ofthe Work. Without limiting ContractoCs obligations to RaceTrac under Section l0
hereof, Contractor will indemnify RaceTrac and hold it hannless from and against all claims, liabilities, fines,
penalties, loss and expense, including attomey's fees, caused by or contributed to by unsafe conduct tolerated by
Contractor or its subcontractors ofany tier.
4.5. [,and Disturhance les and Requlations:Contractor's obligations hereunder shall include the
obligation to provide all necessary notices including, but not be limited to, timely filing of [the Notice of Inlent
and Notice ofTennination (both of which relate to stonnwater discharges associaled with construction activity
pursuant to applicable land disturbance rules and regulations), and/orl any documents and notices required by the
goveming jurisdiction ofthe Properly as related to stormwater discharge or other land disturbance rules and
regulations. Contractor shall ensure that stormwater is handled according to best management practices and in
accordance with any and all applicable laws, ordinances and regulations. WITHOUT LIMITING
CONTRACTOR'S OBLIGATIONS LTNDER THIS AGREEMENT, CONTRACTOR AGREES TO BE
RESPONSIBLE FOR AND INDEMNIFY AND HOLD RACETRAC HARMLESS FROM AND AGAINST
ANY OBLIGATION, COST, LIABILITY, OR OTHER EXPENSE (INCLUDING, WITHOUT LIMITATION,
FINES, PENALTIES, LEGAL FEES, AND COURT COSTS) FOR FAILING TO COMPLY WITH ALL
FEDERAL, STATE, ML]NICIPAL, LOCAL OR OTHER GOVERNMENTAL LAWS, ORDINANCES, RULES
OR REGULATIONS.
4.6. Fringe Benefits: Contractor will pay all employee benefits, including, without limitation, fringe
benefits incurred under any collective bargaining agreement, and will furnish to RaceTrac and RaceTrac's auditors
satisfactory evidence to show these have been paid up to the amounl due at lhe time of any scheduled payment
from RaceTrac to Contractor. lf Contractor or any subcontractor is listed by the admrnistrative office of any
fringe benefit trust as delinquent in paynent, whether on this Project or other projects, such listing shall be a
Default under this Agreement. RaceTrac may make payments on behal f of Contractor and deduct lhe arnount
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16.A.1.b
Packet Pg. 187 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
from Contractor's earnings. Contractor will indemnify and hold RaceTrac hannless from and against all fringe
benefit claims against Contractor or its subcontractors.
Section 5. Subcon ractors.
Subcontraclors have no direct contractual relationship with Race'frac. Contractor will rnake copies ofall
subcontracts available for inspection by RaceTrac, including any modifications and change orders applicable to
such subcontracts. Contractor will revise any subcontract provision to which RaceTrac has objection.
Section 6. Pavment.
6.1. Payment: Subject to the terms of this Agreement, RaceTrac will pay Contractor the sum of'l'wo
Million Seven Hundred Ninety-Seven Thousand Seven Ilundred Thirly-Three Dollars and No/Cents
($2,797,733.00 the "Contract Price"). From time to tinre (but no more ollen than once per calendar month)
Contractor may subrnit an application for pa).rnent to RaceTrac with an itemized Application and Certificate for
Payment in the form of Schedule D attached hereto (each an "Application for Paunent") for all Work completed
by Contractor, less the aggregate ofall previously approved Applications for Pa).rnent. Each Application for
Payment shall also include a list of all subcontractors and suppliers and amounts owing to each for such portion of
the Work. Subject to the requirements of this Section 6, RaceTrac shall pay Contractor an amount equal to ninety
percent (90%) ofthe value oflabor and materials for acceptable Work compleled and contained within each
Application and Certification for Payment.
6.2. Use ofFunds: Contractor aErees thal any funds and/or payment it receives in performance ofthis
Agreement shall be held in trust by Contractor for the benefit of its subcontractors, suppliers, laborers or
malerialmen on the Projecl and Contractor shall not have any interest in such funds until all of the obligations on
the Project have been satisfied in full. Contractor funher agrees that any funds received shall be used exclusively
for the prosecution of this Project, and none will be diverted to satisfy other obligations ofContractor. Any
diversion ofthe funds from this Project to satisfy the Contractor's obligalions on another project constitutes a
Default under this Agreement.
6.3. Release of Liens: Notwithstandin g any provision herein to the contrary, no pa),rnent ftom
RaceTrac shall becorne due or payable unless and until Contractor lurnishes original affidavits, releases and/or
waivers, in the fonn attached hereto as Schedule or as otherwise requested by RaceTrac, with respect to all
claims, demands, liens and clairns for liens, ofany kind, ofany person, finn or corporation who may have
performed labor and services or furnished malerials in connection with the Work (each a "Lien Waiver" and
collectively "Lien Waivers"). Such Lien Waivers shall be attached to each Applicalion for Payment with respect
to Work completed to the date ofthe Application for Payment. RaceTrac may retain and pay out ofany rnonies
due hereunder an amount sufficienl to completely indemnify RaceTrac against such claims, demands, liens and
claims for liens ifContractor fails or neglects to fumish such affidavits, releases and/or waivers as may be
required by RaceTrac, and the amount of any such payment shall be deducted from any amounts otherwise due
and owing to Contractor hereunder.
6.4.Statement ofContract or and Subcontractors RaceTrac may at any time require frotn Contraclor
or any subconractor, laborer or materialman a certificate, affidavit or other statement of indebtedness of
Contractor to subcontractors, laborers or materialmen, and may withhold payment to Contractor until such
statemen( is fumished.
6.5. List of Subcontractors: Notwithstanding any provision herein to the contrary, no payment shall
become due or payable until and unless Contractor fumishes to RaceTrac and keeps current a written list ofevery
subcontractor and supplier of materials in connection with the Work, including the correct mailing address,
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16.A.1.b
Packet Pg. 188 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
telephone nurnber and the name ofthe person to be contacted in reference to the Work to be perfonned by every
such supplier and subconaactor.
6.6. Joint Checks: RaceTrac reserves the right to make payments to Contractor in the form ofchecks
payablejointly to Contractor and to any of ils subcontractors or suppliers that might have a right to asscrt a claim
of mechanic's lien against the Property. lt is expressly ageed that thejoint check funds are the property oflhe
ultimate recipient ofthe funds and not the property of the otherjoint payee.
6.1 . Backcharges: Race'l rac ma y u'ithhold from Contractor one hundred fifty percent ( 15096) ol the
amount it estimat€s il would cost to correct any defective Work, and may also withhold from Contractor the
amount that it reasonably estimates as any damages for delay in lhe completion ofthe Project.
6.8. Payment Not Approval: No payrnent made by RaceTrac to Contractor shall be considered to be
evidence of RaceTrac's approval ofportions of the Work completed by Contractor.
6.9. Offsettins Obliqations: RaceTrac may deduct from atnounts due or to become due to the
Contractor pursuant to Ihe Agreement any sums due or to become due to RaceTrac lrom the Contractor whether
or nol the obligation arises oul ofthe Work. RaceTrac may apply such deducted funds to any account, related or
unrelated to this Agreement, wherein lhe obligalions ofthe Contractor have not been discharged as determined by
RaceTrac, and wherein RaceTrac's interests are directly or indirectly involved.
6. 10. Taxes: Contractor will pay all sales, use, business license, and other taxes imposed by public
authority on account ofthe Work. RaceTrac will pay the taxes imposed on the ownership of the Property and fees
and exactions of public agencies that are used to finance public improvements related to the Property.
6.11. Performance an P d If a perfonnance and pal.rnent bond are required, please
execule Rider "A" to this Contract.
Section 7. Default.
The occurrence ofany ofthe following shall constitute a "Default" under this Agreen)ent:
7 .1. Contractor is or becomes unable to pay its debts when due;
7.2. Any proceedings are brought seeking any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or sirnilar relief, of or with respect to Contractor, under the present or any
furure Federal bankruptcy act or any other Federal or State law or regulation;
7.3. Any proceedings are brought seeking the appoinhnent of a receiver or similar officer of court
with respect to Contractor's business;
7.4. Contractor fails to supply adequate and competent supervision, or enough properJy skilled
workmen or materials ofthe proper quality or quantity;
7.5. Contractor fails to make timely payment to subcontractors, or for materials or labor;
7.6. Contractor fails to comply with governmental laws, ordinances, rules, regulations or the
instruclions of RaceTrac or RaceTrac's representatives;
7.'7. in RaceTrac's sole opinion, Contractor fails to diligently prosecute the Work; or fails to meet the
Construction Schedule; or fails to perfonn the Work in an acceptable or adequate manner; or
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16.A.1.b
Packet Pg. 189 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
7.8. Contractor fails to perfom or observe any other provision ofthis Agreen:ent or the Contract
Documents.
Section 8. Remedies,
8.1. Termination ofConlractor: If Contractor defaults under the Contract Documents, Race'Irac may,
in addition to any other remedies available hereunder or at law or equity, terminate Contractor's right to continue
performance and require the Contractor lo delnobilize from the Project. IfRaceTrac exercises this remedy,
Contractor must leave all materials on the Property in place for the sole and exclusive use of RaceTrac to
complete the Project. Contractor must provide RaceTrac with all information needed by RaceTrac to effecl an
efficient transition ofthe Work to RaceTrac's staff, or to other conractors selected by RaceTrac. RaceTrac, at its
sole option, may choose to require the Contractor to continue to complete the Work despite the Default.
Contractor shall reimburse RaceTrac for executive and administrative expense incurred as a result ofthe Delault
and Contractor shall pay to RaceTrac all other damages that may be sustained by RaceTrac because of
Contractor's Default. Damages shall include cornpensation for the tirne and rnoney expended by RaceTrac and its
staffoccasioned by the Default.
8.2.
under the Con
reasonable ass
Race'l'rac's Ri rrh t to StoD the Work:In the event that Contractor fails to perfonn its obligations
tract Documents, RaceTrac rnay stop the Work until Contractor has given RaceTrac satisfactory
urances that Contractor will properly resume and diligently perform the Work.
8.3. Other Remedies: In addition to the foregoing, RaceTrac may:
8.3.1 Supply workers and materials, equipment and other lacilities as RaceTrac deems
necessary for the satisfactory correction ofthe Default, and chargc the cost to the Contractor, who shal] be liable
for the pa),rnent of same including reasonable overhead, profit and attomey's fees.
8.3.2 Contract with others to perlorm such part of the Work as RaceTrac determines shall
provide the most expeditious correction ofthe Default, and charge the cost to lhe Contractor.
8.3.3 Withhold payment due (he Contractor.
8.3.4 In the event of an emergency affecting the safety of persons or property, immediately
commence and continue satisfactory correction ofsuch Default without first giving written notice to the
Contraclor, but shall give prompt written notice ofsuch action lo the Contractor following commencement ofthe
action.
8.3.5 Pursue any and all remedies available at law or equity, including without limitarion
damages (actual, consequential and incidental) and injunctive relief.
9.1. Term: The "Term" oflhis Agreement shall begin on the date ofexeculion hereofand, except as
otherwise provided for herein, shall end on the date of Substantial Cornpletion of the Work.
9.2. Termination for Convenience: At any time, by notice to Contractor, RaceTrac may terminate the
accrual ofany future obligations under this Contract, and terminate the Contractor's continued performance. ln
the event ofsuch termination Contractor shall immediately cease performance ofall Work and remove all of its
employees, agents and subcontractors from the Properly. Unless otherwise directed by RaceTrac, Contractor shall
not remove any rnaterials from the Property. Contractor shall nol be entitled to recovery ofdamages related to or
arising out ofsuch termination, including, without limitation, claims for costs, expenditures, or lost profits. In the
-9-
p )
Section 9, 'ferm and Termination.
16.A.1.b
Packet Pg. 190 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
event of termination for convenience, RaceTrac shall pay to Contractor its actual costs incurred up lo the
provision of the notice of temination p/rar Conlractor's profit on a pro-rata basis to the portion of lhe Work
completed up to the provision of the ootice oftermination.
9.3. Termination upon Default ofContractor: Ifthe Contract is terminated due to Default, RaceTrac
shall have the right, without limitation of any of RaceTrac's other remedies hereunder or at law, to deduct ftom
any monetary obligation due from RaceTrac to Contractor, whether the obligation arises out ofthis Project or
otherwise, the amount of damage incurred by RaceTrac arising fronr the Default, including the cost of completing
the Work, and any excess over such balance shall be paid by Contractor to RaceTrac upon demand.
10.1. General lndemnilv: Contractor shall protect, defend, indemnify and hold RaceTrac, its agents,
ernployees, officers, directors, shareholders, attomeys, and any affiliate of RaceTrac (hereinafter collectively
referred to as the "lndemnitees" and each as an "lndemnitee"), hannless from and against any and all claims,
demands, suits, actions, liabilities, liens, losses, judgments, penalties, interest, court costs, legal fees, damages anrl
expenses of every kind and character whatsoever (the "Claims") incuned by or asserted against the Indemnitees
arising directly or indirectly out of the negligent acts or omissions or willful misconduct of Contraclor, its
contractors or subcontractors, or their respeclive employees and agents, or arising out ofContractor's (and/or its
subcontactors') p€rformance ofthe Work or failure to comply with the provisions ofthis Agreement or the
Conlract Documents, or arising out of claims (including claims ofnegligence whether or not covered by any
workers' compensation laws or insurance) by any employee, agent, representative or independent contractor of
Contractor or its subcontraclors, agents or independent contractors for personal injury or wrongful death alleged
to have occurred on the Property or in connection with the Work. This indemnity shall also extend lo any claims
for damage to property, including but not linited to the property ofContractor, its subcontractors, RaceTrac,
RaceTrac's contractors and subcontractors, or any third party. Upon notice by an lndemnitee, Contractor shall
immediately investigate, handle, respond to, provide defense lor and defend (with counsel acceptable to
RaceTrac) any such claim, demand or action at its sole expense and will bear all other costs and expenses related
thereto, even ifthe same is groundless or fraudulenl. At its option, such Indernnitee may choose the legal counsel
that will defend it and may control the defense and/or settlement of any such matter. In such event, Contractor
shall reimburse Indemnitee, within 30 days after request, for all expenses incurred by such Indemnitee related to
such defense, including all attomeys'fees. lf Indemnitee does not exercise its right to choose counsel, Conlractor
will instruct counsel it chooses to keep Indernnitee informed ofthe progress of the dispute or litigation in such
reasonable detail as Indemnitee may request.
10.2. lntellectual Propertv Indemnitv: Contractor shall indemnify and save RaceTrac hannless fron
and against all costs, expenses, darnages, losses or liability arising from infringement or alleged infringernent of
the intellectual property of any third pany, including, without lirnitation, any United States patent, by reason of
any equiprnent fumished by Contractor as a part of the Work.
10.3. Lien lndemnitv: Contractor shall notify RaceTrac imrnediately ofthe filing ofany liens
inclucling, without limitation, laborer's, rnaterialmen's or mechanic's liens, upon the Project and/or against the
Property and arising out ofthe services, labor or rnaterial furnished by Contractor or its subcontractors in
connection with or arising out of the Work. RaceTrac uray, upon receipt ofany notice of the filing of such lien,
require Contractor to fumish a bond within ten ( 10) days in an amount and with such sureties as may be approved
by RaceTrac, among the terms ofwhich shall be to indemnify and save harmless RaceTrac from and against any
and all such liens ufon or against the Work or the Property. In the event Contractor fails or refuses to fumish such
bond when so required, RaceTrac shall have the right to pay any sums necessary to obtain the release of such liens
and to offset the imount paid therefor from any moneys owed to Contractor or to require Contractor to pay any
such sums directlY.
ri 7
- 10-
Section 10. I nde mn ilica t ion.
16.A.1.b
Packet Pg. 191 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
10.5 Environmental Indemnification: The Contractor shall indemnify the Owner for the cost and
expense the Owner incurs (l ) for remediation of a material or substance brought to the site and that Contractor
negligently handles, or (2) where the Contractor fails to comply with any requirements in the Contract Documents
regarding Hazardous Materials.
Section ll. Insurance.
I I .1. Cornrnercial General Liabilitv Insurance: Before commencing Work, Contractor will deliver to
RaceTrac a Certificale of Insurance showing that Contractor has in force a commercial general liability insurance
policy with broad-form propeny damage and bodily injury coverage, covering liability assumed by contract,
completed operations, explosion, collapse, underground hazard, contractor's pollution liability and products
liability, affording $ I ,000,000.00 in coverage for each occurrence and $2,000,000.00 in the aggregate and
$2,000,000.00 coverage for products-completed operations. These limits shall apply per project and shall be
evidenced by Endorsement Form #CG2503 which shall be attached Io the Certificate of Insurance. The
compleled operations coverage will begin when all work has been completed and shall continue until the
applicable Statute of Repose applies or for such period as may be required by contract. The Certificate of
lnsurance will name RaceTrac as an additional insured covering both ongoing and products-completed operations
which shall be evidenced by attaching copies of Endorsement Forms #CG20l0 and #CG2037 (or their equivalenr)
and will provide that Contractofs coverage is primary without any contribution from any olher insurance
afforded to or maintained by RaceTrac, and will provide a waiver ofsubrogation in favor of RaceTrac. The
Certihcate will provide that the insurance may not be cancelled or modihed without 30 days prior written notice
to RaceTrac.
11.2. Workers' Comoensation Insurance: Contractor will maintain in force statutory workers'
compensation and employer's liability insurance of $ I ,000,000.00 at all times during the performance of the Work
and will provide a waiver ofsubrogation in favor ofRaceTrac. Statutory coverage shall include coverage for the
state of the localion ofthe project and the state of domicile ofContractor.
I1.4. Builder's Risk: Conlractor shall purchase and maintain property insurance wriften on a builder's
risk all-risk or equivalent policy form including flood, windstorm and earthquake in the amount of no less than
$1,000,000.00 and shall include coverage for the cost of materials supplied or installed by others, whether stored
at the Project or in transit, comprising total value for the entire Project on a replacement cost basis wilhout
optional deductibles and will provide that Contractor's coverage is primary without any cont bution from any
oiher insurance afforded to or maintained by RaceTrac. The certificate of insurance will name RaceTrac as an
additional insured and loss payee and its subcontractors of every tier as additional insured and will provide a
waiver ofsubrogation in favor of RaceTrac. The Certificate will provide that the insurance may not be cancelled
or modihed without 30 days prior written notice to RaceTrac.
11.5. General: All insurance policies required in this Section shall be issued by insurance companies
with an ..A,' Vll or better rating, and who are licensed to do business in the state in which the Propeny is located.
-l l-
I
10.4 Arnericans with Disabilities Act lndemnity: To the fullest extent pennitted by law, Contractor
shall fully indemnify and save RaceTrac harmless from and against all liability, damage, losses or liability caused
by, or to the extenl allcged to be cause by a failure ofContractor to conform with the standards and requiremenrs
set lorth in the 2010 Americans wilh Disabilities Act Standards for Accessible Design.
I 1.3. Automobile Liabilitv lnsurance: Contractor shall carry and maintain Automobile Liability
lnsurance covering owned, non-owned and hired vehicles for bodily injury and property darnage including death
with limits ofat least S 1,000,000 per occurrence. The certificate ofinsurance will name RaceTrac as an
additional insured, will provide thal Contractor's coverage is primary without any contribution from any other
insurance afforded to or maintained by RaceTrac, and will provide a waiver olsubrogation in favor ofRaceTrac.
16.A.1.b
Packet Pg. 192 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
Section 12. Dispute Re solution.
12.) Nesotiation/Ar b itrat ion:l'he Parties agrce thal all claims, disputes and other rnatters in question
arising out ofor relating to lhis Agreement, or the performance or the breach thereof, except for clairns which
have been waived by the acceptance of Final Pa),ment shall be handled as follows: The Party initiating a Dispute
shall first give written notice and a brief description of the Dispule to the other Party. Designated representatives
of each Party, having authority to settle the Dispute, shall then meet, negotiate and endeavor in good faith to
resolve the Dispule. Ifsuch representatives fail to rneet or are unable to resolve the Dispute within thirty (30)
days after the nolice from the Party initiating the Dispute, the Parties agree that the Dispule will be decided by
binding arbitration before the American Arbitration Association ('AAA) in accordance with the AAA
Construction Industry Arbilratjon Rules ("AAA Rules") then in efl'ect. Prior to filing a denrand, by mutual
agreelnent, the Pafiies may agree to use a private arbitrator or another service in lieu ofthe AAA. ln no event
shall the arbitration hearing commence later than one hundred eighty (180) days from the date thar the demand for
arbitration is filed.
12.2 Location ofthe Arbitration: The arbitration shall take place in Atlanta, Ceorgia.
12.3 Finalitv and Confinnation of the Award: The arbitration award shall be final and judgment may
be entered upon it in accordance with applicable Iaw in any court having jurisdiction.
12.4 Work Continuation: Unless directed by RaceTrac or otherwise agreed in writing, Contractor shall
continue its Work and maintain the Construction Schedule during or pending any negotiation, mediation or
arbitration, and conversely, RaceTrac shall continue to perfonn its obligations under this Agreement in such an
event.
12.5 No Limitation on Riehts or Remedies: NothinS contained in this Article 12 shall lirnit any rights or
remedies, not otherwise expressly waived by Contractor, which Contractor rnay have under lien laws or pa)"rnent
bonds, provided however, that negotiation and arbitration under this Article are conditions precedent to any such
right ofContractor to institute an action in any court against RaceTrac, and ifsuch action is instituted, Contractor
agees that it shall be stayed pending negotiation and arbitration.
Sectionl3. Ntiscellaneous.
13.1. Conflicts in the Contract Documents: Contractor will carefull y review the Contract Docurrents,
and will call RaceTrac's attention to any conflict, omission, or ambiguity, and RaceTrac's decision as to the true
meaning ofthe Contract Documents shall be final.
13.2. Equal Emolo\.rnent Opportunity: Contractor will comply with the affirmative action and equal
employment opportunity policies of RaceTrac and with all equal employment opportunity requirements adopted
by any governmental authority including the Civil Rights Act of 1964, Executive Orders I 1246, I I 375 and
I 1478, and any state fair emplolment practices acl. Contractor u'ill likewise require its subcontractors and
suppliers to comply with all equal emplo),ment opportunity requirements.
13.3 2010 Arnericans rvith Disabilit;esAct Standards for Accessible Desisn: Contactorwiil corn
1,l
-12-
plv
with the standards and requirements set forth in the 2010 Americans with Disabilities Act Standards for
Accessible Design. Contractor will likewise require its subcontractors to comply with the standards and
requirements set forth in the 2010 Americans with Disabilities Act Standards for Accessible Design.
16.A.1.b
Packet Pg. 193 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
13.4. lndeDendenl C ontractor There is no agency or employment relationship between Race'frac and
Contractor. In perfonning its dutics under this Agreemenl, Contractor acts entirely as an indep€ndenl contmctor
13.5- Ilsolvencv: If RaceTrac should becorne doubtful as to Conlractor's solvency or Contractor's
financial ability to conrplete the Work. then Contractor will provide RaceTrac's auditors with such infonnarion,
including financial staternenls and an examination of the books and records of Contractor, as they deem sufficient
to determine Contractor's financial strength. IfRaceTrac is of the opinion that Contractor does not have sufficienl
financial strength to promptly and diligently proceed with the perfonnance and completion of the Work, Race'l'rac
may terminate Contmctor's right to perform the Work, and may employ others to complete the Work at the
expense ofContractor.
13.6. No Oral Aereernent: This Agreement can be rnodified only by a written document signed by both
panies. No altempl to lnodify this Agreemcnt by an oral agreernent shall be rccoguized.
'13.7 . No Other Aqreement: This Agreement constitutes the entire agreement of the Panies, and no
written or oral communication between RaceTrac and Contractor before the time of execution ofthis Agreement
shall be considered to enlarge, modify, or explain the terms of the Agreement.
I 3.9. Audit and Inspection: RaceTrac shall at all times be afforded opportunity for inspection of the
Work and shall at all times have access to the Property, Work and materials, to all books, records,
correspondence, instructions, plans, drawings, receipts, facilities and memoranda of every description of
Contractor, and Contractor shall preserve such instruments without additional compensation for a period of two
(2) years following completion or termination of this Agleement.
13.10. Notices: Any notice required or permitted bythis Ageement shall be given by RaceTrac lo
Contractor ia writing at the following address: 2671 1 Dublin Woods Circle, Bonita Springs, FL 34135. Any
nolice required or permitted by this Agreement to be given by Contractor to RaceTrac shall be given in writing at
the following address: 3225 Cumberland Boulevard, Suite 100, Atlanta, Georgia 30339. Notices shall be in
writing and shall be effeclive upon the date ofreceipt or refusal of delivery.
13.3. Confidentiallnfonnation:
l3.l2.l In the course ofContractor's deaiings with RaceTrac, RaceTrac may disclose to
Contractor certain confidential and proprietary information (the "Confidential lnformation"). Confidential
Inlormation shall include, but not be Iimited to, all development criteria, fonns of contracts, store plans,
planograms, data, materials, products, technology, computer programs, specifications, manuals, business plans,
software, marketing plans, financial information, customer lists, information regarding property and other
information disclosed or submitted, orally, in writing, or by any other rnedia, by RaceTrac, its contractors,
alfiliates, or related entities on the one hand, to Contractor on the other hand.
13.12.2 Trade Secrets: ln the course of Contractor's dealings with RaceTrac, RaceTrac may
disclose to Contractor certain Trade Secrets. "Trade Secret" means information, without regard to form, including,
but not limited to, technical or nontechnical data, a formula, a pattem, a cornpilation, a program, a device, a
_ l3_
l,
13.8. Records: Contractor shall keep records and books ofaccount and all contrac(s and subcontracts,
which shall be subject to audit by RaceTrac, showing the actual cost to Contractor of all items of Iabor, materials,
equipment, supplies, services and other expenditures of whatever nature for which payment is authorized under
the provisions ofthis Agreement. The books ofaccount are to be maintained in accordance with generally
accepted accounting principles.
13.11. Time isofthe Essence: Time is ofthe essence ofthis Agreement.
16.A.1.b
Packet Pg. 194 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
13.12.3 Oblieations ofContraclor with Regard to Confidential Inionnation and TJade Secrets
Contractor agrees that the Confidential Infonnation and Trade Secrets are considered confidential and proprietary
and shall hold the same in confidence, shall not use Confidential Infonnation or Trade Secrets other than for the
purposes of its business with the RaceTrac, and shall disclose either only to those persons rvithin Contractor's
business with a specific need to know such infonnation. Contractor hereby agrees to comply with any and all of
RaceTrac's policies and procedures for lhe protection olConfidential lnformation and Trade Secrets.
Confidential Informalion and/or Trade Secrets fumished in tangible form shall nol be duplicated by Contractor
excepl for purposes of its business with RaceTrac. Upon the request of RaceTrac and/or upon termination of
Contractor's business with RaceTrac, Contractor shall return all Confidential Information/Trade Secrels received
in written or tangible form, including copies, or reproductions or other media containing such Confidential
lnformation/Trade Secrets, within one (l) day ofsuch request. Contractor shall not retain copies or abstracts of
any ofthe Confidential lnfonnation/Trade Secrets. Contraclor shall have no obligation under this Agreement
with respect to Confidential Infonnation which is or becomes publicly available without breach of this Agreement
by Conractor; is rightfully received by Contractor without obligations of confidentiality; or is developed by
Contractor without breach of this Agreement; provided, however, such Confidential Information shall not be
disclosed until thirty (30) days after written notice ofintent to disclose is given to RaceTrac along with the
asserted grounds for disclosure.
13.12.4. Intellectual Prooertv: Neither Party shall make use ofany of the other Pany's
intellectual propeny or logos without the prior written consent of that Party, and all use of trademarks and/or
tradedress shall inure to the benefit of the trademark/tradedress owner.
13.13. Governine Law and Jurisdiction: This Agreement will be govemed by and construed in
accordance wilh the laws ofthe State of Georgia.
I3.14. Interest: Any amounts due herein frorn Contractor to RaceTrac which are not paid when due
shall bear interest at the highest rale allowed by law or eighteen percent (l8olo) per annum, whichever is higher
l3.l 5. Atlomeys' Fees: lf RaceTrac must initiate or defend against a demand for arbitration under
Section l2 of this Agreement, RaceTrac is entitled lo an award for its atlomeys' fees ifthe arbitrator delermines
that RaceTrac is the prevailing party. ln tenns ofdefending a clairn, Racel'rac will be considered the prevailing
party if the Contractor is awarded less than fifty (50%) percent of its clairn.
13.16. Sisnaee: Neither Contractor nor any subcontractors shall place or cause to be placed any sign or
signage on the Propeny without the express written pennission by an Authorized Representative of Racel rac.
l3.l 7. Further Actions: Each Party agrees to execute, acknowledge and deliver such further
instruments, and to do all such other acts, as may be necessary or appropriate in order to carry out the purposes
and intent ofthis Agreement.
13.18. Waiver: No course ofdealing, course of performance, or failure ofeither Party strictly to enforce
any term, righl or condition of this Agreement shall be construed as a waiver of such term, right, or condition or
d>
-t4-
method, a lechnique, a drawing, a process, financial data, financial plans, product plans, or a list of actual or
potential customers or suppliers which is not courmonly known by or available to the public and which
information: (A) Derives economic value, actual or potential, from not being generally kno*,n to, and not being
readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or
use; and (B) Is the subject of efforts that are reasonable under the circumslances to rnaintain its secrecy.
Contractor acknowledges that RaceTrac obtains or develops certain Trade Secrets in the ordinary course of its
business and that Contractor may leam ol, or have access to, such during the course of its dealings with RaceTrac.
16.A.1.b
Packet Pg. 195 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
shall affect the right to enforce such tenn, right or condition in the future, nor shall any express waiver be
construed as a continuing waiver of any such tenn, right or condition.
l3.l 9. Descriptive Headines: The descriptive headings of this Agreement are tbr convenience only, and
shall be ofno force or effect in construing or interpreting any ofthe provisions of this Agreement.
13.20. Amendments: This Ageemenl may be amended only by a subsequent writing signed by
authorized representatives of both Parties.
13.21. Severabilitv: Ifa court of competent jurisdiction adjudges any provision ofthis Agrecment to be
invalid or unenforceable, the rernaining provisiols shall not be affected thereby, and the Parties shall in good faith
attempt to amend this Agreement to eliminate such invalidity or unenforceability, without thereby affecting the
inlenl of the Parties as expressed herein.
13.22. Counterparts: l'his Ageement may be executed by each Party upon a separate counlerpart, each
ofwhich shall be deemed an original and all ofwhich together shall constilute one agreement. Facsimile
signature pages shall be acceptable as originals.
13.23. Survival ofTerms: Sections 1.5,3.7,3.8,4.2,4.5,10.1, 10.2, 10.3, 10.4, 12.1,13.3, l3.ll,
l3.l l.l, 13.11.2, 13.11.3, 13.I 1.4 shall survive the Tenn and termination of rhis Agreement.
IN WITNtrSS WHEREOF, each olthe Parties has caused this Agreement to be executed by its duly
authorized officer as ofthe date first above written.
RACETRAC PI LEUI\T, INC.ENVIRO 51'RU 1_t_c
B
Signalure lt
b6
Signature
N€:.L S |oo)
Prifi Name Prinl Name
/2, t ;,.t, .T
Title 7'itle
c 6,2 //rt ? a D.
C ont rac I or's Lic e nse Num ber
B
)/
-t5-
16.A.1.b
Packet Pg. 196 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
PROJECT NAME
LOCATION:
VERIFICATION OF FINAL COST
RaceTrac Store #2425
Section 3, Townshlp 50 South, Range 26 East, Collier
County, Florida
RaceTrac Petroleum, lnc.
3225 Cumberland Boulevard, Suite 100
Atlanta, Georgla 30339
POTABLE WATER (Material and Services)
NAt\4E & ADDRESS OF OWNER
TYPE OF UTILITY SYSTEM:
ITEM SIZE QUAN. UNIT COST TOTAL
Hot Tap
8" HDPE w/14" Casing
Dr-18 Water Main WFittings
Dr-14 Water Main MFittings
Dr-18 Water Main MFittings
Gate Valve
Gate Valve
Air Release Assembly
Fire Hydrant Assembly
Auto Flush Assembly
Water Service
Water Service
lrrigation Service (Tap & B/F Only)
DDCV (Fire)
FDC (Fire)
PIV (Fire)
Dr-14 Fire Main W/Fittings
Building Riser
I do hereby certify that the quantities of material and services described above are a true and
accurate representation oi the as-installed cost of the system.
CE
16" x 8"trA
140 LF
53 LF
40 LF
55 LF
2EA
1EA
lEA
lEA
1EA
339 LF
286 LF
1EA
1EA
1EA
1EA
349 LF.] EA
TOTAL COST
$8,213.00
$150.00
$87.00
$66.00
$22.00
$1,654.00
$975.00
s2,1 15.00
s3,647.00
$2,876.00
s17.98qe o?
$2,319.00
s6,898.00
$1 ,1 15.00
$1,945.00
$26.7 4
s1,080.00
$8,213.00
$21,000.00
$4,611 .00
$2,640.00
$1 ,210.00
$3,308.00
$975.00
$2,1 15.00
$3,647.00
92,876 00
s6,09s.22
$2,553,98
$2,319.00
$6,898.00
$1,1 15.00
$1,945.00
$9,332.26
$1,080.00
s81,933.46
I
8
I
6
I
4
2"
314"
4"
4"
N
es 6VPresident
Caloosa Site Development, lnc.
10880 Metro Parkway, Suite J
Fort Myers, Florida 33966
e b
OF
STATE OF
COUNry OF
Florida
Lee
16.A.1.b
Packet Pg. 197 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
PROJECT NAN4E
LOCATION:Section 3, Township 50 South, Range 26 East
Collier County, Florlda
RaceTrac Petroleum, Inc.
3225 Cumberland Boulevard, Suite 100
Atlanta, Georgla 30339
SANITARY SEWER (MATERIAL AND SERVICES)
NAME & ADDRESS OF OWNER
ryPE OF UTILIry SYSTEM
ITEM SIZE QUAN, UNIT COST TOTAL
x44
aOG
4
4
2
2
4
6
1EA
14 LFlEA
315 LF
1EA
97 LF
150 LF
2EA
1EA
TOTAL COST
$7,671.00
$21.00
$1.875.00
s7.67
$2.025.00
s13.00
s31.53
s6,707.00
s25,315.00
$7,671.00
$294.00
$1,875.00
$2,416.05
$2,025.00
$1.261.00
$4,729.50
$13,414.00
$25,315.00
s59,000.55
I do hereby cerlify that the quantities of material and services described above are a lrue and
accurate representation of the as-installed cost of the system.
CERTIFYING
OF Caloosa Site Dsvelopment, lnc.
10880 Metro Parkway, Sulte J
Fort Myers, Florida 33966
J
STATE OF
COUNTY OF
Florlda
Lee
The foregoing instrument was sig ned and acknowledged before me this 12th day of September, 2016 by
who is personally known to me ".. OR who produced identification _.\o irr=Pu 1l
Type of identification Produced
,/l (OTNINE J. HOLTTY
Notary Public. Slate ol Florlda
My comm. ErPlrcs SeP 11,2018
Commisslon # tt 159248
Eoidcd lhrough fhlional Noluy Assn.
Notary Public
Seal
VERIFICATION OF FINAL COST
RacsTrac Store #2425
Hot Tap
OR-14 Force Main w/Fittings
Check Valve wnr'ault
Sch80 Force Main
Air Release Valve
SDRZ6 Sewer Pipe
SDR16 Sewer Pipe
Grease Traps
Grinder Station
16.A.1.b
Packet Pg. 198 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:2016361795
Transaction Number:2016-068433
Date Paid:10/18/2016
Amount Due:$4,000.00
Payment Details:Payment Method Amount Paid Check Number
Check $4,000.00 338069
Amount Paid:$4,000.00
Change / Overage:$0.00
Contact:RACETRAC
PO BOX 105035
ATLANTA, GA 30348
FEE DETAILS:
Fee Description Reference Number Original
Fee
Amount
Paid
GL Account
Utility Performance
Refundable Bond
PL20160002277 $4,000.00 $4,000.00 670-000000-220113
Cashier Name:ElizabethMendez
Batch Number:5765
Entered By: melissaalvarez
16.A.1.b
Packet Pg. 199 Attachment: Exhibit A (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY
PROJECT NAME: RacsTrac Store #2425
LOCATION: Soc{lon 3, Townshlp 50 South, Rango 26 East
Colll€r County, Florlda
NAME & ADDRESS OF OWNER RaceTrac Petroleum, lnc.
3225 Cumberland Parkway, Sulte 100
Atlanta, Georgla 30339
ilPE OT IJTILIry SYSTEM POTABLE WATER (Materiats Onty)
ITEM SIZE QUAN. UNIT COST TOTAL
Hot Tap
I' HOPE d14' Casing
Dr-18 Water Main WFittings
Dr-14 Water Main WFittings
Dr-l8 Water Main MFittings
Gale Valve
Gate Valve
Air Release Assy
Fire Hydrant Assy
Auto Flush Assy
Water Service
lrrigation Servlce
CERTIFYING:
J
OF:
TOTAL COST
$5,088.00
s10,s00.00
$2.279.00
$1,800.00
s605.00
$2, 162.00
s68s.00
$1,s90.00
$2,560.00
$2,120.00
$1,431.00
$1,378.00
$32,198.00 ,',
'16" x 8"1
't40
53
40
55
2
1
1
1
I
1
1
EA
LF
LF
LF
LF
EA
EA
EA
EA
EA
EA
$5,088.00
$75.00
$43.00
$45.00
$11.00
$1 ,081.00
$685.00
$1,590.00
$2,560.00
92,120.00
s1,431.00
$1.378.00
o
8"
8"
o
8',
EA
2"
1-112"
I do hereby certify that the quantities of material described above are a true and accurate representation of the
system being cutributed to Collier County Utilities.
STATE OF
COUNTY OF
ident
Caloosa Slte Development, inc.
10880 Metro Parkway, Suite J
Fort Myers, florida 33966
Florida
Lee
The foregolng instrument was s igned and acknowledged before me this 11th da y of August, 2016 byJ€who is personally known to me L/ OR who produced identification
t) r.
Type of ldentification produced
16.A.1.c
Packet Pg. 200 Attachment: Assets Sheet (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)
CERTIFICATION OF CONTRIBUTORY ASSETS. COUNTY
PROJECT NAME: RaceTrac Store #2425
LOCATION: Section 3, Townshlp SO South, Range 26 East
Colller County, Florlda
NAME & ADDRESS OF OWNER,RaceTrac Petroloum, lnc.
3225 Cumberland Boulevard, Suite 100
Atlanta, Georgla 30339
TYPE OF UTILITY SYSTEM:SANITARY SEWER (MATERIALS ONLY)
ITEM SIZE QUAN. UNIT COST TOTAL
Hot Tap
Dr-14 Force Main #Finings
Check Valve wny'ault
CERTIFYIN
OF
ent
Caloosa Slte Development, Inc.
10880 Metro Parkway, Sulte J
Fort Myers, Florida 33966
Florida
Lee
14' x 4"
4'
4"
1
'14
1
EA
LF
$4,770.00
s98.00
$1,115.00
oe
STATE OF
COUNTY OF
The foregoing instrument was signed and acknowled ged before me this 1 1th d ay of August, 2016 by.J ce, 13,who is personally known to me .z OR who produced identification
Type of ldentification produced
0ENrlr€ J. H0tLtY
olal, Publlc - Sl.l! ol tlo.ida
tty Comm. trpkls S!, t t. ?0t6
Commitsion , ft 1592,18
N otary Public Seal:.'l**k'z
i,Ws
BqxH tuor,$ Nrinil tloury l(.i'
$4,770.00
$7.00
$1,1 15.00
TOTAL COST $s.e83.oo
I do hereby certify thst tho quantities of material described above are a true end aca:rate representjation of the
system b6ing contributed to Collier County Utilities.
16.A.1.c
Packet Pg. 201 Attachment: Assets Sheet (6512 : Final Acceptance of Utilities - Racetrac at Davis Boulevard)